Overview of Protective Direction No. 36

PROTECTIVE DIRECTION 36
CANADIAN CLASS 1 RAIL CARRIER (CC1RC)

PD ITEM #

 
DATE


 
DEADLINE


 
DANGEROUS GOODS (DG) TRANSPORTED THROUGH PERSON TO RECEIVE THE INFORMATION

 
DOCUMENTS


 
INTERIM REQUIREMENTS


 
3 From August 1, 2018 Within 30 days of the end of each quarter JurisdictionFootnote 1 Designated Emergency Planning Official (EPO) of each jurisdiction through which the CC1RC transports DG by railway car.

Report that includes:

  • Aggregate information on the natureFootnote 2 and volume of DG transported by railway car through the jurisdiction in the last quarter;
  • Number of Unit Trains loaded with DG operated by the CC1RC through the jurisdiction in the last quarter; and
  • Percentage of railway cars operated by the CC1RC through the jurisdiction in the last quarter that was loaded with DG.

From April 28, 2016 until August 1, 2018:

  • A yearly report containing the required information must be submitted to the EPO no later than March 15 of each year.
  • A report containing the required information for the first two quarter of the calendar year must be submitted to the EPO no later than September 15 of each year.

(PD ITEM 1 & 2)

6

 

March 15 of every subsequent year Province

No specific person to receive the information. Information must be published on the CC1RC website.

Report that includes:

  • Percentage of railway car operated by the CC1RC through the province in the last calendar year that was loaded with DG; and
  • Breakdown of all DG transported by the CC1RC through the province in the last calendar year, which must identify:
    • the top ten (10) DG, sorted by volume, presented by proper shipping name;
    • the percentage that each top ten (10) DG represent on the total DG transported in that province; and
    • the percentage that all residual (remaining) DG represent on the total DG transported in that province.

Within 90 days of April 28, 2016:

  • A report containing the required information for calendar year 2015 must be published by the CC1RC on their website.

(PD ITEM 7)

8

 

March 15 of every subsequent year Jurisdiction

Designated Emergency Planning Official (EPO) of each jurisdiction through which the CC1RC transports DG by railway car.

Report that includes:

  • Percentage of railway cars operated by the CC1RC through the jurisdiction in the last calendar year that was loaded with DG; and
  • Breakdown of all DG transported by the CC1RC through the jurisdiction in the last calendar year, which must identify:
    • the top ten (10) DG, sorted by volume, presented by proper shipping name;
    • the percentage that each top ten (10) DG represent on the total DG transported in that jurisdiction; and
    • the percentage that all residual (remaining) DG represent on the total DG transported in that jurisdiction.

INFORMATION TO BE MADE PUBLIC AT THE DISCRETION OF THE EPO OR OTHER OFFICIALS WITHIN A JURISDICTION.

Within 90 days of April 28, 2016:

  • A report containing the required information for calendar year 2015 must be submitted to the EPO.

(PD ITEM 9)

PROTECTIVE DIRECTION 36
ANY PERSON WHO TRANSPORTS DANGEROUS GOODS
(OTHER THAN A CC1RC) BY RAILWAY CAR

PD ITEM #

 
DEADLINE


 
DANGEROUS GOODS (DG) TRANSPORTED THROUGH PERSON TO RECEIVE THE INFORMATION

 
DOCUMENTS


 
INTERIM REQUIREMENTS

 
11 March 15 of each year JurisdictionFootnote 3

Designated Emergency Planning Official (EPO) of each jurisdiction through which the DG are transported by railway car.

Report that includes:

  • Aggregate information on the natureFootnote 4 and volume of DG transported by railway car by the person through the jurisdiction in the last calendar year; and
  • Any significant or anticipated significant change to the nature and volume of DG transported by railway car by the person through the jurisdiction as soon as the person becomes aware of that significant or anticipated significant change.
 
12 March 15 of each subsequent year when DG were transported in the jurisdiction the previous calendar year Jurisdiction

Designated Emergency Planning Official (EPO) of each jurisdiction through which the DG are transported by railway car.

Report that includes:

  • the top ten (10) DG, by volume transported by the person through the jurisdiction in the last calendar year, presented by proper shipping name.

INFORMATION TO BE MADE PUBLIC AT THE DISCRETION OF THE EPO OR OTHER OFFICIALS WITHIN A JURISDICTION.

Within 90 days of April 28, 2016:

  • A report containing the required information for calendar year 2015 must be submitted to the EPO.

(PD ITEM 13)

ADDITIONAL REQUIREMENTS

OTHER REQUIREMENTS FOR CC1RC

Item 4

  • At the request of the EPO, a CC1RC must provide the information identified in items 1 to 3, sorted by railway line if more than one line of railway is operated within the jurisdiction.

Item 5

  • As applicable, information must be provided by the CC1RC in a standardized electronic Excel format that includes the following columns (at the minimum):
    • Column 1: STCC code;
    • Column 2: Proper shipping name;
    • Column 3: UN number;
    • Column 4: Class of Dangerous Good;
    • Other Column(s): The total sum of the volume (by carloads), the total sum of unit trains or the percentage for each applicable reporting period.

Item 10

  • A CC1RC that has not operated a unit train loaded with a specific class of DG through a jurisdiction in the last four completed quarters must, upon becoming aware that such unit train loaded with that specific class of DG is either plan to be operated or will be operated through that jurisdiction, inform the designated EPO of that jurisdiction.

Item 19

  • An analysis and options on the manner in which, within 30 months of April 28, 2016, the CC1RC could provide jurisdiction with the maximum daily number of railway cars loaded with DG, for each DG, transported by the CC1RC through the jurisdiction, must be submitted to CANUTEC on or before November 1, 2016.

OTHER REQUIREMENTS FOR CC1RC AND THE PERSON WHO TRANSPORTS DANGEROUS GOODS (OTHER THAN A CC1RC)

Item 16

  • A CC1RC and a person (who is not a CC1RC) who transports DG by railway car must provide to Transport Canada (CANUTEC), contact information including name, title, address, e-mail address, fax number, telephone number and cell phone number of the person(s) who will be liaising with the EPO and must immediately notify CANUTEC in writing of any changes to the contact information.

Item 17

  • A CC1RC and a person (who is not a CC1RC) who transports DG by railway car must provide any information shared under this protective direction to Transport Canada (CANUTEC).

Exemptions FOR CC1RC AND THE PERSON WHO TRANSPORTS DANGEROUS GOODS (OTHER THAN A CC1RC)

Item 14

  • A CC1RC and a person (who is not a CC1RC) who transports DG by railway car are not required to provide to the EPO with the information required in items 1, 2, 3, 8, 9 &10 (for CC1RC) and 11, 12 &13 (for a person who is not a CC1RC) if:
    • The EPO is not listed on the list of EPOs maintained by Transport Canada (CANUTEC) that is provided to the CC1RC or the person, for at least 60 days prior to the end of the period within which the information is to be provided; or
    • The EPO or the Chief Administrative Officer of a municipality informs CANUTEC in writing that it no longer wants to be provided with the information.

Item 15

  • A CC1RC and a person (who is not a CC1RC) who transports DG by railway car are not required to provide to the EPO with the information required by item 1, 2, 3 &10 (for CC1RC) and 11 (for any person other than a CC1RC transporting DG) if:
    • The EPO has not undertaken or agreed to:
      • use the information only for emergency planning response;
      • disclose the information only to those persons who need to know for the purpose of emergency planning response. (The information can be disclosed to any emergency planner or emergency service provider within the jurisdiction or to emergency planner or emergency service provider of another jurisdiction if there is a joint emergency planning or response agreement in place with that other jurisdiction.); and
      • keep the information confidential and ensure any person to whom the EPO has disclosed the information keeps it confidential, to the maximum extent permitted by law.

Note: When sharing dangerous goods information where a confidential agreement applies, the PD now clarifies that jurisdictions may share the information with emergency planners and emergency response officials within their jurisdiction or with one with a joint mutual aid agreement. The public information is not subject to confidential agreements and maybe used at the discretion of the municipality (including publishing it on their website, sharing with any third party, or handing out to the public at town hall meetings or in Chamber during government sessions).

OPTION FOR A CHIEF ADMINISTRATIVE OFFICER OF A JURISDICTION

Item 18

  • A Chief Administrative Officer of a jurisdiction may request to Transport Canada (CANUTEC) that the name of its EPO be added to the list of EPOs by providing the following information: name, title, organization, address, e-mail address, fax number, telephone number and cell phone number of the EPO as well as the preferred official language of the EPO to receive the information. This contact information will be shared with the CC1RC and the person (who is not a CC1RC) who transports DG by railway car.

LANGUAGE

  • When reports are required to be submitted to the EPO of a jurisdiction, it must be in the chosen official language(s). When reports are required to be published on a CC1RC website, it must be in both official languages.  

Note: The purpose of this document is to provide guidance but does not replace the regulatory text found in the Protective Direction 36, which can be found at: http://www.tc.gc.ca/eng/tdg/safety-menu-1281.html. For more information, please contact us at: Email: TDG-TMD@tc.gc.ca.

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